The Senate Intelligence Committee has approved a bill, sponsored by Ohio Senator Mike DeWine, outlining procedures for warrantless wiretapping of communications in which one party is overseas and at least one party is suspected of belonging to or collaborating with a known terrorist group: the government can do so for 45 days, after which it must either seek a warrant from the FISA Court or certify that national security requires its continuation to a newly-created subcommittee. The Administration says that it welcomes this effort to "codify the Presidents authority."
I find this reminiscent of the War Powers Resolution, which purports to establish procedures for introducing U.S. troops into combat situations. Presidents have always claimed inherent authority to do so and have regarded following the WPR as a kind of courtesy, rather than as a legal requirement. Similarly, no one should make the assumption here that the Bush Administration is conceding that it needs Congressional authorization to conduct this surveillance.